l-i. Not only thc plea has to be taken, it has to bc substanriatcd b,v producing the copics of thc pleadings, issues and judgment in thc pr.cvious casc. N4ar bc. in a siven case only copy ofjudgment in previous suit is filed in prool- of plc'a oI rcs.judicata and the judgment contains exhaustive or in rcquisite dctails thc statcrnent ofpleadings and the issues which may bc takcn as enough proo1. Ilut as pointed out in Syed Mohd. Salie Labbai v. Mohd. Ilanila [(197(,) 4 S(C' 7801 Lhe basic method to decide the question of res .ludicata is flrsr ro detcrnrine the case of the parties as put forward in their rcspectivc plcadinrs ol their prcvious suit and then to find out as to what had becn dccidcd b1 rhc .judgmcntrvhich operates as res judicata. Itis risky tospeculare abour thc plcadings mercly by a summary of recitals of the atlegations made in thc pleadings mcntioned in the judgment. The Constitution Bcnch in Gurhur Singh r,. l]hooralal [AIR 1964 SC 18l0 : (1964) 7 SCR 831] ptacing on a par the plea ol res judicata and the plea of estoppel under Order 2 t{ulc 2 ol rhc Clodc of Civil l)rocedure, held that proof of the plaint in tlrc prcvious suir rr'lrich is set to create the bar, ought to be brought on record. thc plca is basically tbunded on the identity of the cause of action in rhc trro suits and. therclbrc. it is nccessary for the defence which raises the bar to establish rhe causc of action in the previous suit. Such pleas cannot be lcti to he detcrnrincd b1' nrcre speculation or inferring by a process of deduction rvhat u,cre the Iacts statcd in the previous pleadings. Their Lordships oI the l,riv1, Council in Krli Krislrna Tagore v. Secy. of State for India in Council [(1887-ft8) l5 I_-\ I86 : II.R l6( al I 73 ] pointcd out that the plea of res judicata cannot be detcmrincd r,,v irlrout ascertaining u'lrat wcre the matters in issue in the prcvious suit and '"r,hat rras heard and decidcd. Necdless to say, these can be found out onlr, bl krokinu into thc nlcadings" lhc issues and the judgment in the previor.rs suit" lempllrsrs supplicd)-
